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789 So. 2d 536

Wilson v. State

District Court of Appeal of Florida · decided 2001-07-20

Relies on Wilson v. State

Decided 2001-07-20

PER CURIAM.

¶1Derek Wilson petitions for a new trial1 alleging ineffective assistance by appellate counsel for failing to raise the same issue on appeal that resulted in the reversal of the conviction of Wilson’s co-defendant, Ernest Wilson. Appellate counsel concedes the omission.

¶2We grant the petition, vacate the judgment of conviction and sentence, and remand for a new trial for the same reason set forth in Wilson v. State, 746 So.2d 1209 (Fla. 5th DCA 1999).

¶3PETITION GRANTED.

HARRIS, PETERSON, and ORFINGER, R.B., JJ., concur.

¶4. See Fla. R.App. P. 9.141(c).

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